Author Topic: Backdating of a successful PIP claim?  (Read 44909 times)

Ricardomeister

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Backdating of a successful PIP claim?
« on: 03 Apr 2014 06:16PM »
A few weeks ago I advised that I was one of the "lucky" few who had been awarded PIP (at enhanced rate for both mobility and daily living) due to a change in circumstances. I have been on an indefinite DLA award since 1993 (higher rate mobility and lower rate care). The mobility component goes straight to Motability.

My first PIP payment was due on Tuesday (1st April) and surprise, surprise the DWP have messed up and nothing has been paid into my bank account.

My PIP award letter was dated 6th Feb and advised that PIP is payable from 5th March (I received 84 DLA on 4th March).

When I first rang the PIP helpline they said that 305.29 had been processed and sent to my bank on 26th March. I rang the bank and they said that they had not received anything. I rang back the PIP helpline and they then told me that the 305.29 had been stopped and they had knocked off 84 as I had been receiving DLA and re-sent the lower amount yesterday of 221.29 (it is not yet showing in my account).

I also asked them whether any backdated payment had been made (I put in for the PIP claim on 28th October) and after checking with her team leader the lady advised that no backdated payments are made on a change of circumstances from DLA.

Can anybody please confirm whether that is the case as I do not trust the DWP to give the correct advice. If they are correct then it is blatantly unfair. For example:

* In my case, someone who claimed PIP on the same day as me and who is assessed as having the same needs as me (but who has just submitted a brand new claim without being on DLA immediately prior to the PIP claim) would receive over 1,000 in backdated PIP (approx 18 weeks at 58.15 per week).

* You could have 2 people who put in PIP claims on the same day (who receive the same level of DLA) but then are both eventually assessed as qualifying for the same increased level of PIP. For one the process takes 6 months and for the other it takes 9 months. The person for whom the assessment process takes 9 months is then penalised by 3 months of increased entitlement simply because the process took longer.

Both the above scenarios are so obviously unfair that it makes me think that surely the DWP were wrong in what they told me (although equally we know that fairness is rarely a consideration for the politicians who make the rules).

The other thing that concerns me is them knocking 84 off the PIP payment that was supposed to be in my account on Tuesday. Surely the 84 that I received on 4th March was paid 4 weeks in arears and the payment for PIP that was due on 1st April should not have 84 knocked off as PIP is payable 4 weekly in arrears from the 5th March (as per my award letter).

Any advice that can be given would save me writing to the CAB as I cannot get there on my own and they don't seem to provide an email address to correspond with them.

Thanks

Edit. I am sure that I have seen comments from the DWP that PIP payments would be backdated. Here is one example:

Quote
All payments are backdated so no claimants are left out of pocket

http://disabilitynewsservice.com/2014/03/life-in-the-pip-queue-man-struggles-without-pip-as-he-waits-for-transplant/
« Last Edit: 03 Apr 2014 06:43PM by Ricardomeister »

Monic1511

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Re: Backdating of a successful PIP claim?
« Reply #1 on: 03 Apr 2014 07:52PM »
Hi Ricardo

I will try and answer some of your questions.

We have found out that if a current DLA claimant makes a claim for PIP, the DWP have started closing the DLA award  >yikes< before they make a decision about the award.   This seems to be because you can't get 2 benefits of the same type at the same time.  That would also assume that your going to be awarded PIP & it would be backdated to the date they closed your dla claim.

In your situation although you put in the claim in October the decision letter awarding you enhanced rate will tell you - You are entitled to PIP from X.  So you would get the79.15+55.25 from 4 weeks after that date.  If they have already paid you DLA passed that date then yes they will deduct that from any payments - ie backdating you would be due.

I think you need to write to PIP asking them for an explanation of the payments.

If you are entitled to 134.40 PIP from 28/10/13 but have already received 76.25 you should be due 58.15 for each week that your PIP & DLA overlapped.   You will need to get them to clarify exactly when the enhanced daily living component started as that could affect income related ESA (payable as SDP if you live alone and no one claims carers)

I think the dwp will tell you it take 5 working days for money to hit a bank account depending on banks so if it went to your acc on 26/3/14 5 working days is tomorrow 4/4/14.

I would need to check the books before I can confirm that there is no backdating on pip transfers so will come back to you on that one.

sorry just posting this and will correct any mistakes later  :-( - I just spotted your award date was 5/3/14 so there would be no backdating to october

I have found this CPAG link that says no backdating for PIP claims http://onlineservices.cpag.org.uk/book/chs/222302   

I think they have said that as the whole point of PIP is to save money & if lotsof low rate care people get transferred to the enhanced living component it will end up costing them


Monic
« Last Edit: 03 Apr 2014 08:21PM by Monic1511 »

Ricardomeister

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Re: Backdating of a successful PIP claim?
« Reply #2 on: 03 Apr 2014 09:31PM »
Thanks for the reply Monic.

I guess that means I will be emailing Iain Duncan Smith to ask how he can square such obvious unfairness (as per my previous post) with his claims that the government want to look after those in most need. I think I will also copy in Anne Begg to see what the Work & Pensions Committee make of this and maybe Rachel Reeves.

It also makes it extra important for anybody who needs to switch to PIP due to a deterioration of their condition to keep hassling the DWP for a decision as the longer they make you wait the more you lose and the more they save.

devine63

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Re: Backdating of a successful PIP claim?
« Reply #3 on: 05 Apr 2014 12:59AM »
Hi Ricardo

You could write to IDS but he is very unlikely to respond - even ministers only have to reply to people who live in their own constituency.   So the way to raise it is to ask your MP - s/he will then write to the Minister for an explanation and the Minister will reply to the MP and MP will send you a copy.  That's the protocol.

I agree it is reasonable to ask why your PIP claim is not being backdated to the date of claim - I think that has always been the way it worked in the past, because you are entitled to the benefit from the date you claimed it.  And your suggestion of using a new PIP claimant as a comparator is also helpful.

I don't see why you should not include Anne Begg in the correspondence - but probably most helpful to her if you do that once you receive IDS's reply as she will need both.

regards, Deb

Ricardomeister

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Re: Backdating of a successful PIP claim?
« Reply #4 on: 05 Apr 2014 01:36PM »
Hi Deb,

I wasn't going to go via my (Labour) mp as he was useless re a previous enquiry but I think you are right so I will email him first and ask if he can get a reply from IDS, as well as asking for the thoughts of Rachel Reeves (as this could become more of an issue after the migration starts next year after the election).

Scotty1

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Re: Backdating of a successful PIP claim?
« Reply #5 on: 17 May 2014 07:38PM »
Hi Ricardo I find myself in the same situation as yourself, I am on DLA low/low, my condition worsened last year and had to phone PIP and ask for a change in care needs.
Here I am 6 months later awaiting decision after assessment, so I hope you don't mind me asking if you got anywhere with your mission with back pay and if so how.
 
Thanks scotty

Ricardomeister

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Re: Backdating of a successful PIP claim?
« Reply #6 on: 21 May 2014 09:23AM »
Hi Scotty, best of luck with your PIP decision. Unfortunately I have got precisely nowhere! I emailed my MP on the 10th April but have received no reply from Iain Duncan Smith or Rachel Reeves nor even an acknowledgement from my MP (David Wright). I chased my MP on the 13th May but again have not even received an acknowledgement. I am now debating whether to not bother any further or possibly try one of the Work & Pensions Committee who seem to care, such as Debbie Abrahams.

Scotty1

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Re: Backdating of a successful PIP claim?
« Reply #7 on: 21 May 2014 09:45AM »
Ricardo

Thanks for the reply, since my first post I have been awarded pip enhanced for both elements so they have cheated me out of 2500 ish + carers.
I am sorry to hear you got  no joy, I have a couple of attack plans up my sleeve, it might not get me anywhere either but I have nothing to lose, so if I have any luck I will update this post.


Scotty
« Last Edit: 22 May 2014 12:30AM by Scotty1 »

devine63

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Re: Backdating of a successful PIP claim?
« Reply #8 on: 21 May 2014 09:17PM »
Hi

when dealing with an MP if you possibly can turn up for one of their regular constituency surgeries, that way you talk to the actual MP and avoid the underlings.   Plus you will make more of an impact in person.
regards, Deb

Scotty1

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Re: Backdating of a successful PIP claim?
« Reply #9 on: 22 May 2014 11:36AM »
Hi Deb,

Thanks for the advice but I don't think local mp's are the answer here, mine is a conservative anyway and when asked for help with the delays in PIP he really wasn't interested so my aim is higher.
Always open to idea's so anymore let me know.

Thanks Scotty

devine63

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Re: Backdating of a successful PIP claim?
« Reply #10 on: 22 May 2014 07:20PM »
As I said earlier, the only route to the higher people in govt is through your MP - if you raise something with him he should write to the relevant minister and get a response on your behalf - mine usually sends me a copy of whatever letter she receives from them.
regards, Deb

Scotty1

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Re: Backdating of a successful PIP claim?
« Reply #11 on: 22 May 2014 08:23PM »
No it isn't

Hurtyback

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Re: Backdating of a successful PIP claim?
« Reply #12 on: 22 May 2014 09:26PM »
No it isn't


In my experience, ministers refuse to deal directly with people who are not their own constituents. It sounds as if your experience has been otherwise.

Ricardomeister

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Re: Backdating of a successful PIP claim?
« Reply #13 on: 14 Jun 2014 12:01PM »
An update on my email to my MP. I finally got a response but rather than send my email to Rachel Reeves or Iain Duncan Smith, his office sent it to the Disability and Carers Service whose response was simply that is what the PIP regulations say.  Ya don't say!  >headbang< >headbang< >doh<  >doh< 

NeuralgicNeurotic

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Re: Backdating of a successful PIP claim?
« Reply #14 on: 14 Jun 2014 01:41PM »
The phrase 'chocolate teapot' springs to mind. How annoying for you, Ricardomeister.  >hugs<